New Jersey Primary Care Association, Inc. v. State of New Jersey Department of Human Services

Under the federal Medicaid statute, 42 U.S.C. Â§ 1396 et seq., states participating in Medicaid and implementing a managed care environment are obligated to make, at least every fourth month, supplemental payments (known as â€•wraparound paymentsâ€–) to federally-qualified health centers (â€•FQHCsâ€–) in an amount equal to the difference between a predetermined rate set by the Medicaid statute mul... More...

$0 (07-09-2013 - NJ)

National Security Systems, Inc. v. Robert L. Iola, Jr.

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (â€•EPICâ€–). EPICâ€˜s advertised tax benefits,... More...

$0 (11-08-2012 - NJ)

Estate of Stephen J. Komninos v. Bancroft Neurohealth, Inc.

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine... More...

$0 (12-13-2010 - NJ)

John Good, Jr. v. Brenda J. Thomas

Plaintiff John Good, Jr., appeals from the dismissal of his claim against Patricia Bobbitt, one of two defendants named in his civil suit for damages engendered by his ownership of 139 Fabian Place, Newark, New Jersey. Good had earlier obtained a judgment against Bobbitt's sister and co-defendant, Brenda Thomas, after trial; although Good had filed suit against the two women for $15,000, he was a... More...

$0 (10-01-2010 - NJ)

Big M, Inc. v. Texas Roadhouse Holding, L.L.C.

Plaintiff Big M, Inc., t/a Annie Sez, the holder of a judgment against Tiffany Kraus in the amount of $672.22, obtained an order to garnish her wages. At the time, Kraus was employed as a waitress by defendant Texas Roadhouse Holding, LLC. When defendant remitted a single payment of $4.21, plaintiff filed a complaint against defendant seeking the balance due on the judgment. Defendant appeals from... More...

$0 (07-16-2010 - NJ)

Fiona Bayne v. Earl Johnson and Carolyn Johnson

Defendant Earl Johnson appeals from a judgment entered in the Family Part in favor of plaintiff Fiona Bayne for $384,000 in damages as palimony and from a separate award of $48,660 against both Earl and his wife, defendant Carolyn Johnson, representing a fifteen percent interest in real property located in North Bergen. Carolyn initially appealed the second portion of the judgment, but that appeal... More...

In this case of first impression, the principal issue is whether a private, non-profit entity designated by a municipality as a redeveloper of property donated to it by the municipality is a "public body" within the meaning of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to –21, thereby requiring the Board of Trustees of the redeveloper to open its meetings to the public. The secondary... More...

Plaintiffs are medical doctors specializing in the practice of pathology. Together with a third pathologist, Dr. Irving Weiss, they have provided pathology services to defendant Chilton Memorial Hospital for many years, Rubin since 1968 and Adlersberg since 1972. Until 1992 they provided these services pursuant to annual contracts. In 1992 the three pathologists entered into an agreement for an in... More...

In this appeal, we are called on to determine whether the doctrine of respondeat superior may be invoked to hold an employer vicariously liable for the tort of an employee. More particularly, we have been asked to decide whether the automobile negligence of an employee, who was required by her employer to use her personal car on mandatory client visits, subjected the employer to liability for an a... More...

Petitioner appeals from a decision by the Board of Trustees of the Public Employees' Retirement System (PERS) partially forfeiting her pension based upon her conviction for theft by deception, N.J.S.A. 2C:20-4 .

The matter was referred to the Office of Administrative Law (OAL) on petitioner's appeal and was heard by an Administrative Law Judge (ALJ) who rendered an initial d... More...

In these back-to-back appeals we decide whether plaintiffs' misrepresentation claims against various insurance and other professionals are preempted under 29 U.S.C.A. §1144(a), the preemption provision of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§1001 to -1461. Plaintiffs, small business entities and their principals, assert that certain defendants misrepresented t... More...